Have You Been Injured In An Accident At Work That Was Not Your Fault? You May Have A Compensation Claim.

What Is An Accident At Work?

An accident at work is essentially an unplanned (but often anticipatable) incident that transpires at a workplace because of specific circumstances at the site or premises, because of the way in which a job is being done, or because of how certain equipment is being used. As a result of these circumstances, an accident happens and someone (usually an employee) is injured. The employee is then entitled to claim compensation from the person legally responsible for their injuries, and an accident at work claims process ensues.

Construction Accidents | Work Injury Attorney | Hernandez Law Group

Why Is My Employer Liable For An Accident At Work?

You have a right to feel safe at your place of work. While you go about your daily job, the last thing you would expect is to be involved in an accident at work caused by your employer’s negligence. Whether you work in the construction industry, in an office, or in a supermarket, your employer has a legal duty make sure your place of work is safe and secure. This includes conducting continuous risk assessments and providing sufficient health and safety training to staff members.

Some jobs do carry more risk of an accident at work, purely because of the nature of the daily tasks that employees are involved in.  For this reason there are specific laws and procedures in place designed to help keep employees safe while they are at their place of work.

Amongst other things, this means that your employer has to ensure the safety of:

  • the physical space at your place of work, including maintaining fire exits and escape routes;
  • the system and processes at your place of work;
  • the plant and equipment at your place of work, including testing any electrical equipment that employees might use at the place of work;
  • the working practices, including first aid and emergency plans; and
  • the protective equipment at your place of work. This includes ensuring that sufficient and reasonable amounts of protective equipment, first aid supplies, and protective uniforms are available to employees.

Unfortunately, not all employers take safety seriously and many fail to take the necessary measures to protect their employees from accidents at work. This can result in employees suffering from all kinds of injuries at work. Injuries caused by accidents at work can have far-reaching effects, influencing an employee’s ability to work properly, and in severe cases resulting in permanent injury or even fatalities.

Your employer is ultimately responsible for any harm that you may suffer at your place of work as a result of someone else’s negligence, whether the accident was caused by someone’s positive act or their failure to act. Whether your accident was caused by a mistake of another employee or joke played by one of your co-workers, at the end of the day it is your employer that is responsible for your safety at work. You don’t have to worry about a fellow employee having to pay out of their own pocket for an accident at work claim that you make, even if they actually caused the incident. This is because of a principle called vicarious liability, which makes sure that all employers are liable for the actions of their employees.

If you are worried about the potential financial implications that your accident at work claim may have on your employer, or about the status of your employment relationship once you have made a claim, you need not worry any longer. Your employer has employer’s liability insurance to cover any accident at work claims made against them. Every employer is legally required to take out this employers’ liability insurance, to ensure that they are able to pay compensation for any accidents at work without it affecting the business financially.

What If I Was Partly To Blame For The Accident?

If you are found to be partially to blame for the accident at work, you may be found to have been contributorily negligent. This means that even if you have suffered an injury at work, and it turns out that the accident was partly your fault, your compensation will be reduced accordingly to reflect your own level of responsibility. Put differently, if you contributed to the incident, you will still be able to make a work accident claim against your employer, but you won’t be entitled to as much financial compensation as you would have, had you been completely faultless.

If you want to institute an accident at work claim, but are worried about the fact that you for example agreed to do something that was dangerous or unsafe, we recommend that you get in touch with one of Free Legal Justice’s expert accident at work claims handlers in Glasgow, who will be able to further advise you on the merits of your claim.

Are There Different Types of Accident At Work Claims?

There are many ways that an employee can suffer injuries because of an accident at work. Free Legal Justice deals with hundreds of accident at work claims in Glasgow every year, including for example:

Construction Accidents

The construction industry is one of the most dangerous sectors to work in. it is understandable that the majority of accident at work claims made in Glasgow, and the United Kingdom as a whole, are based on personal injuries suffered by employees in the construction industry. Accidents at work on construction sites can range from sprained ankles as a result of slip and trips, cuts or loss of fingers and toes because of sharp equipment, bone fractures due falls, or loss of limb because of dangerous machinery. The main causes of fatal injuries on construction sites is workers falling from a height, workers being trapped by a structure that has collapsed or overturned, and workers being struck by some form of moving vehicle.

If you have been involved or harmed by any form of accident at work in the construction industry, get in touch with Free Legal Justice today to find out if you are entitled to claim financial compensation. Free Legal Justice has a dedicated team of accident at work claims experts who are available to discuss your claim 24 hours a day, 7 days a week. Our friendly accident claims team in Glasgow will give you an obligation-free assessment of the merits of your case, and if you decide to continue with a compensation claim, we will support you through every step of the claim process.

Slip, Trip Or Fall Accidents

People typically slip and fall in the workplace because something hazardous is on the floor surface, for example water or ice, slippery cleaning products, or oily food and drinks. Trip accidents can be the result of things being left on the floor, by uneven floor surfaces, by obstructions such as potholes, cables and uneven steps. Fall injuries could be caused by loose floor coverings, broken stairways, poor general health and safety measures, defective equipment; or simply an employee rushing to get somewhere. In addition, an employee has a greater risk slipping, tripping or falling at work is greatly increased where the lighting in the place of work is insufficient or where the obstructions have not been brought to the attention of employees with warning signs.

Accident at work claims

Manual Handling And Carrying Accidents

A manual handling duty is any workplace task that requires an employee to lift, move or support a load. The rules regulating health define manual handing as the “Transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force.” Manual handling injuries don’t have to be linked to a heavy load – they can be caused by any work involving the handling of items, even very light items. Employees in specific industries known to be at risk of injury include care workers, manufacturing staff, agricultural and construction workers. At the end of the day, any employee in any place of work is at risk of a manual handling injury.

Many of the reported accidents at work claims that Free Legal Justice deals with involve some sort of manual handling incident. The majority of these cases are a direct result of employers failing to pay the necessary attention to manual handling safety rules and processes. In many cases, lifting and carrying injuries sustained by employees could easily have been prevented. The injuries suffered by employees because of manual handling claims are often the result of:

  • An employee being required to manually handle extreme loads;
  • An employer failing to provide adequate safety training;
  • Insufficient risk assessments being conducted by the employer;
  • Failure of the employer to provide suitable safety equipment and first aid support to employees;
  • Failure of the employer to provide a safe system of work or sufficient assistance to vulnerable employees.

Our expert accident at work claims solicitors in Glasgow have successfully proven the negligence of hundreds of employers in claims of this nature. Free Legal Justice is here to help victims of accident at work claims receive rightful financial compensation for their injuries, and get the justice they deserve.

Falls From A Great Height

Falling from a great height at your place of work can extremely dangerous and can cause serious or life-changing injuries to the victim. The entire experience can have a huge impact on an employee’s physical and mental wellbeing. If you are an employee that has suffered from this type of injury, Free Legal Justice is here to support you. We appreciate how difficult it can be to recover and adjust back to normal life. The physical injuries sustained in an accident at work don’t just affect your health and personal life- your injuries could also have a financial impact on you and your family. Although money might not be the first thing on your mind after you’ve been harmed in an accident at work, the financial compensation you could get will help on the journey towards recovery- in all areas of your life. If you have hurt yourself in any type of fall at work, get in touch with Free Legal Justice today to receive free legal advice on your accident at work claim.

Injuries Caused By A Moving Object

Employees can also be harmed by a moving object hitting them, for example where something falls or flies through the air and strikes some part of their body. Falling objects could be boxes that fall off a storage rack, sharp items falling off of tables, or moving pallets that have been dislodged by a vehicle and fall an employee standing nearby. Moving or falling objects are a common cause of injury in the workplace, and this is one of the largest categories of accident at work claims that we handle, after manual handling accidents and slipping accidents.

Defective Equipment

Employers have a responsibility to inspect equipment frequently and make sure that it is in good working order, and doesn’t pose any danger to those using it or placed near to it. Equipment includes any machinery, appliance, apparatus, tool or installation that is used at work. In some cases this can even include equipment and items for personal use in the workplace, as well as any equipment that is used away from the work premises. When we say ‘use’, we mean any type of activity undertaken by an employee where they are starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing or cleaning the work equipment.

If you were involved in an accident at work because of defective equipment that caused you physical harm, you are entitled to make a compensation claim against your employer.

Military injuries

Anyone who starts a career in the armed forces expects that it will be a physically, emotionally and mentally challenging. The Ministry Of Defence is responsible to for ensuring that whilst military staff are doing their jobs with 100% effort, their employees remain safe and are suitably trained for the task at hand. When the Ministry Of Defence falls short of this duty, and a military employee suffers an injury as a result, that employee will be able to make an accident at work claim.

Military injuries

This can be a complex area of law, but our accident at work claims legal team has extensive experience in dealing with all types of injury. To speak to one of Free Legal Justice’s experts in accident at work claims team in Glasgow, simply fill in the online form and wait for a team member to call you back for free,  or give the Free Legal Justice team a call on 0800 567 7074 today for a free consultation.

Should I Make An Accident At Work Claim?

We understand that it can be scary to make a claim for compensation against your employer. You also might be concerned about the impact of a compensation claim on your employment status, or possibly the financial impact that a successful accident at work claim would have on your company.

You need not feel awkward or anxious about instituting an accident at work claim against your employer. If you have been injured at work because of someone else’s negligence or actions, you should contact a personal injury claims expert immediately to discuss your potential accident at work claim. Not only do physical injuries affect your health and personal life, they can also have a financial impact which could extend to your family and friends. Your entire world can change because of one terrible event, but Free Legal Justice is here to help you get your life back to where it was before the accident.

You have a right as a victim of harm to claim compensation for your injuries from the person who caused you harm, and a fundamental right to receive justice for the pain and suffering you have suffered. You should never feel guilty about exhausting your basic human rights! Our experienced accident at work claims team in Glasgow has dealt with sensitive circumstances in accident at work claims many times before, and the legal team will guide you carefully through each step in the claims process. If you have any concerns or questions about making an accident at work claim against your employer, Free Legal Justice will be happy to provide you will full support and discuss your options with you in a free consultation.

What Is The Value Of My Compensation Claim?

It is tough to set a general quantum of an accident at work claim. The total compensation an employee will receive will differ from person to person, and change depending on the type of accident. As a basis for how much compensation an employee may claim, it is useful to look at the purpose behind compensation claims.

General Damages in Accident At Work Claims

Compensation in accident at work claims should offer payment for the pain and suffering that an employee has wrongfully experienced as a result of the injuries that they have suffered. This includes both physical and psychological pain and suffering experienced as a result of an accident at work.

Special Damages In Accident At Work Claims

Secondly, the compensation claim should seek to recover the costs and additional expenses that an employee has incurred as a result of the employee’s injuries, which were in turn caused by the accident at work. This claim includes a calculation of loss of future and past earnings, as well as the cost of medical treatment that the employee has undergone, or will in future undergo because of their injuries. Receiving financial compensation for these expenses is a lifeline for victims of accidents, especially if the injuries sustained leave them unable to return to work immediately, or able to return to work in a reduced capacity only.

As you can see, the amount of compensation that can be claimed in accident at work claim will differ on a case by case basis, as the compensation sums are calculated according to the seriousness of the claimant’s injuries, and quantum of their past and future financial losses.

If you have any questions about your accident at work claim, the Free Legal Justice team in Glasgow is available to chat about the merits and value of your case, in a confidential, free discussion from the comfort of your own home. If you are unable to call us, simply fill in the online form and a team member will call you back for free, or request a complimentary home visit from one of our accident at work claims experts in Glasgow.

Bodily Injuries Commonly Experienced In Accident At Work Claims

Every place of work is different. As a result, there are hundreds of different ways that an employee can sustain an injury because of an accident that was not their fault. Compensation depends on the nature and type of injury that is experienced by an employee. We will arrange for a doctor to compile an independent medical report of your injuries, which will then be used to calculate the amount that will be included in your accident at work claim. Your dedicated claim handler at Free Legal Justice will compare your medical report with the official personal injury quantum guidelines published by the Judicial Board. This will allow us to provide you with an early estimate of the value of your accident at work claim, once we have discussed the facts of your case with you.

Common types of accident at work claims in Glasgow include compensation for different levels of:

  • Head injuries;
  • Burn and scald injuries;
  • Spinal injuries;
  • Brain injuries;
  • Loss of sight;
  • Spinal and spinal cord injuries;
  • Amputations; and in rare cases
  • Fatal injuries

What Needs To Be Proven In Accident At Work Claims?

If you have suffered injuries because of an accident at work that wasn’t your fault, you most likely have a valid claim for compensation. To get compensation, employees must prove that the employer failed to take reasonable steps necessary to ensure their safety at work, which makes them responsible for the accident, and ultimately liable for the harm caused as a result of the accident.

Get Medical Assistance

Make sure to get medical assistance as soon as possible. If the injuries are serious, make sure you call an ambulance and call the closest first aider to your assistance. If the injuries don’t seem serious, make sure to get to a doctor as soon as possible to make sure that you have no hidden or underlying injuries. Be sure to keep a strict record of all doctors appointments and treatments related to your injuries. These receipts and reports will be used in a compensation claim for all of your injury-related expenses.

Report The Incident

If an accident occurs at work and you are injured as a result, it is important to report the accident, and then record the accident in the workplace accident report book. This means that as far as possible, in your own words, you need to explain what happened in the accident at work. The record book will be used in your accident at work claim and is important evidence of what happened.

Gather Evidence

If possible, you, or a trusted colleague should take photographs of the accident and of your injuries. Ask for the names and home addresses of those who witnessed your accident. All of this detail can be used to prove how the accident at work happened, why it happened, and who was responsible.

For professional free legal advice on how to make a successful accident at work claim,  simply fill out our short online form, or call Free Legal Justice today on 0800 567 7074 or 0121 565 4317 to speak to one of our friendly team members about your claim. No matter what type of accident at work you were involved in or how you suffered harm, we will be able to help.

Are There Time Limits To Making Accident At Work Clams?

In Glasgow there is a standard 3 year time limit for making accident at work claims. The calculation of the 3 year time period starts on the date that the accident happened, alternatively from the date that your injuries were diagnosed. If you have not made a claim within 3 years of wither of these dates, then it is possible that you will be prevented from making a case and you may not be entitled to a claim for compensation.

As usual, there are some exceptions to the three year rule. In fatal cases, the 3 year time limit calculation will start from the date of death of the employee. If the employee dies while in the process of dealing with their work accident case, the time period begins from the date of their death to allow their family time to continue with the compensation claim. Dealing with fatal accident at work claims can be complicated and become upsetting for family members, so it is always recommended that you consult a legal professional to help you through this difficult and stressful time and get you the compensation you deserve as soon as possible, with as little stress for you.

What Does It Cost To Make Accident At Work Claims?

Many employees that have been involved in an accident at work want nothing more than to receive fair and just compensation for their injuries, but the thought of landing up with a massive legal bill at the end of the day puts them off doing anything about their claim.

There is good news. Free Justice Legal have various funding options, which allow clients to continue to make their compensation claims without the stress of financial risk hanging overhead. We offer a a No Win no Fee agreement to all our clients with valid accident at work claims, meaning that you will never pay us any legal fees in advance. Put simply, a No Win No Fee Agreement is a way for you to take legal steps necessary to claim compensation for wrongful injuries, even if you don’t have the financial resources to do so on your own. A No Win No Fee agreement means that we cover all the upfront legal costs of running your claim, and will only get paid if we help you to win your case and receive financial compensation for your claim.

Our highly skilled solicitors in Glasgow are happy to offer No Win No Fee agreements to clients seeking rightful compensation for personal injuries, because they are extremely confident in their legal abilities and in their claim success rates. If we win your case, we will charge you a success fee of 25% of the total compensation received, as payment for all the work that we have done on your case. Your appointed solicitor will make sure to discuss the success fee with you before you start your accident at work claim.

When Can I Use A No Win No Fee Agreement?

Free Legal Justice is happy to offer No Win No Fee agreements for a variety of accident at work claims. Whether you were injured at work, in a public space such as a shopping mall or in a street, as a result of food poisoning, or a car accident, we can help you to claim rightful compensation for your injuries, and get you the justice you deserve. Our dedicated and friendly team in Glasgow is available around the clock here to answer any questions you have about what happened, why it happened, what your next steps are, and whether you can claim compensation for the personal injuries you have suffered in an accident at work.  Best of all, this professional advice effectively comes free of charge!

No Win No Fee

At the end of the day, making an accident at work claim with Free Legal Justice is a financially savvy way to take the legal steps necessary to get the justice you deserve. Free Legal Justice carries the risk of your claim being unsuccessful. If your compensation claim is unsuccessful, we will not charge you any anything for the work done on your case. Contact Free Legal Justice in Glasgow today on 0800 567 7074 or 0121 565 4317 and get the compensation you deserve as soon as possible.